Citation Numbers: 10 Fla. Supp. 129
Judges: Milledge
Filed Date: 2/15/1957
Status: Precedential
Modified Date: 1/12/2023
The plaintiff sued his employer on an employment contract. At the trial a jury returned a verdict for $1,854.80. A new trial was granted on various grounds — (1) the amount shocked the judicial conscience of the court, (2) the plaintiff’s evidence failed to show by a means other than his own testimony, the value of the unskilled portion of the services for which he was suing, (3) the plaintiff’s testimony was vague and uncertain as to the amount of time he had spent performing these services, (4) the expert witness as to the value of the plaintiff’s services as a musician was not qualified since he has never heard the performances, the value of which he testified about, (5) there was no rational predicate by which the jury could have reached the verdict, and (6) the verdict was not in accord with the manifest weight and probative force of the evidence.
The evidence was conflicting but there was ample evidence to support the jury’s verdict, not only in the amount found but for a larger sum.
The judgment appealed from is reversed with costs taxed against the appellee, with directions to enter a judgment for the plaintiff in accordance with the jury’s verdict.